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Minutes for CC - REGULAR

SPECIAL MEETING - January 30, 2018

BE IT REMEMBERED, that on this 30th day of January A.D., 2018, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RAMON GARCIA

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
January 30, 2018
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Commissioner Joe M. Flores was the only absentee.
 
2.
 
Pledge of Allegiance

Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Julia Sullivan led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

The court moved to approve the consent agenda with the exception of Item.12.B.4 to be pulled for further discussion.

Court proceeded to Item.15.A.
 
5.
 
District Attorney's Office:
 
A.
AI-63492
DA-Victim Assistance Program Grant (VAP) (1281):
Discussion, Consideration and Action acknowledging the Amended Interlocal Agreement between the Hidalgo County District Attorney's Office and the Lower Rio Grande Valley Development Council (LRGVDC). 

Commissioner Palacios stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
6.
 
Sheriff's Office:
 
A.
AI-63434
1. Approval of Memorandum of Understanding between the Hidalgo County Sheriff's Office and other Local, State, and Federal Law Enforcement Agencies to cooperate and collaborate in the Rio Grande Valley Texas Anti-Gang Center (RGV TAG).

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously

2. Authorization for County Sheriff, as authorized Law Enforcement Official, to sign agreement.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
7.
 
Constable Pct. #4:
 
A.
AI-63481
Presentation and discussion of 2017 Racial Profiling Report as presented by Hidalgo County Constable Precinct 4 Department in accordance with Article 2.134 of the Texas Code of Criminal Procedures.

Commissioner Palacios joined the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
B.
AI-63369
Requesting authorization and approval to purchase promotional items under "Public Purpose" pursuant to the Tex. Const. Art. 3 Sec. 52, to include but not limited to: pens, pencils, crayons, notebooks, school boxes, activity books, cinch bags, badge stickers, banners and table cloths. These items will be used to inform, relate progress, educate and report information to our constituents on aspects dealing with public safety, education and events.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
Executive Office:
 
A.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects

No updates or action taken on Item.8.A.1.

2) Emergency situations occurring since last agenda meeting

Valde Guerra reported they received concerns over skeleton remains found in one of the cemeteries that the county maintains. The sheriff's department was dispatched to that location, they were able to determine that it was animal cadaver.

Commissioner Palacios stepped away from the meeting.
 
B.
AI-63476
Discussion, consideration and action on Memorandum of Understanding (MOU) between Hidalgo County and RGV Hispanic Chamber of Commerce for participation in the upcoming South Texas Senior Summit.

Mr. Guerra disclosed that this summit was also conducted last year. However, they have asked the county to participate in this year's forum. They are asking for $2,500 and will have representatives from the WIC, Health, Veterans Service Office and CSA.



On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
C.
AI-63472
1.  Delinquent Tax Collection Report for the period of July 1, 2017 through December 31, 2017

Linebarger Goggan Blar & Sampson representative Lucy Canales informed they have updated their tax sell program. The office is also moving locations to 1512 Lone Star Way.

John David Franz presented the collection activities from July 2017 to December 2017, were 66,275 statements, 24,402 incoming and outgoing phone calls, with 3,846 property inspections and home visits were conducted, and 5,366 in office taxpayer in office assistance. The litigation summary included 719 lawsuits filed with an amount of $1,456,017 they had 517 paid lawsuits with an amount of $947,390 additionally, there were 428 judgments taken giving the county a share amount of $1,042,296 they also executed 63 tax warrants with an amount of $182,146

The tax sale program resulted in 56 properties sold, resulting in an amount of $139,231 and 15 properties were pulled and paid before the sell with a total of $42,996 also 7 properties reached a pulled payment agreement in the amount of $4,862 other 9 properties were pulled for other reasons adding to $38,774 and 32 properties were struck off  but will be put for resell again giving the county a potential amount of $146,678

According to Franz, the collection comparison from July 2016 through December 2017 has increased by $422,453 this amount is base tax and does not include principal or interest.  The percentage comparison from July 2016 through December 2016 was of 17.98% and the percentage from July 2017 through December 2017 is of 18.71%

2.  Presentation of Fees and Fines Report for the period of July 1, 2017 through December 31, 2017,

Kelly Salazar presented the numbers for the district courts and county courts at law from the period of July 2017 through December 2017. County Courts at Law numbers were 1,238 letters mailed, 460 updated address and phone numbers, 120 inbound calls and 7,247 outbound calls. For the district courts the firm was able to mailed 2,150 letters, updated 1,808 address and phone and conducted 355 inbound calls and 37,479 outbound calls. 

Commissioner Palacios joined the meeting.

The collections highlight from July 2017 to October 2017 were also presented indicating that by partnering with LGBS it has produced over $929,000 in collections for the county. The highest collection was from Justice of the Peace Precinct 3 Place 2. Salazar pointed out that there was an increase of over $662,000 during the same time period from July 2016 through October 2016 and July 2017 through October 2017.
 
D.
AI-63473
1.  Discussion and action on tax resale bids received on October 3, 2017 on the properties (see attached list)

Michael Cano with Linebarger Goggan Blair & Sampson, LLP. informed that this past October they sold twenty-one properties that were previously put up for sale but did not sell, resulting in over $16,000

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 

2.  Discussion and action on Order approving the tax resale bids received on October 3, 2017

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
E.
AI-63475
Discussion and action on Resolution authorizing the resale of certain struck-off properties on February 6, 2018 (see attached list)

Cano explained that the resolution will approve the upcoming February 6, resell properties. They are now transitioning, they used to obtain court's approval after, but now they are obtaining the approval before hand in order to speed up the process.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
9.
 
Human Resources:
 
A.
 
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
B.
AI-63500
Pct. 3 Road Maintenance (1200):
1. Approval of the following personnel related actions effective next full pay period 2/5/2018:
Action Dept./ Prg. Slot # Position Title Current Budgeted Salary Proposed Budgeted Salary Net Change
Delete 123-005 0067 Welder $34,755.00 $0.00 ($34,755.00)
Create 123-005 0108 Maintenance I $0.00 $28,239.00 $28,239.00
Total ($6,516.00)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
Attachments:
 
10.
 
Urban County:
 
A.
AI-63433
Requesting approval of a program amendment for the City of Elsa FY’s 27, 28 & 29 (2014, 2015 & 2016) work plans. The amendment will add the reconstruction/overlay and drainage improvements of new streets.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
B.
AI-63435
“Subject to Compliance with HB 1295 , when and if applicable.”  The Urban County Program on behalf of City of Alton is requesting authority to purchase bunker gear for fire fighting through Hidalgo County’s membership and participation with Buyboard  approved vendor, Casco Industries, Inc. (Buyboard Contract # 524-17) in the amount of $19,072.86 (quote attached hereto), freight is included. City of Alton UCP Year 27-29 (2014-2016) Fire Station Equipment funds will be utilized.

Commissioner Fuentes stepped away from the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
C.
AI-63443
1. Requesting approval of an "order" granting an exemption from competitive bidding requirements under Texas Local Gov't. Code, Chapter 262, Section .024 (a)(7) "an item that can be obtained from only one source."

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

2. Approval of a "Sole Source Declaration" with authority to enter into a "Contribution-In-Aid-of-Construction Agreement" with AEP Texas Central Company in the amount of $40,447.31 for the installation of primary poles and street lights within the City of Peñitas.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
D.
AI-63405
1.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services;

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

2.  Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of San Juan, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 30 (2017) San Juan Street Improvement funds.        
Professional Service Firm Grade Ranked
Perez Consulting Engineers 90.66% 1
Javier Hinojosa Engineering 87.33% 2
Cruz-Hogan Consultants, Inc. 85.66% 3
 
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously 

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Perez Consulting Engineers for the provision of engineering services for an Urban County Program Year 30 (2017) San Juan, Street Improvements project.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously
 
E.
AI-63415
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering Services-Construction Materials Geo-Technical Testing services;                        

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) Construction Materials Geo-Technical Testing engineering firms from the County’s approved “pool” as graded and evaluated by the City of San Juan, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 30 (2017) San Juan Street Improvement funds.                      
Professional Service Firm Grade Ranked
Raba-Kistner Consultants, Inc. 96% 1
Terracon Consulting Engineers 88% 2
Millennium Engineers Group 86% 3

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Raba - Kistner Consultants, Inc. for the provision of Construction Materials Geo-technical Testing Service for an Urban County Program Year 30 (2017) San Juan Street Improvements project.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously
 
F.
AI-63416
Subject to HB 1295 Compliance, requesting consideration and action to award and enter into a construction contract with Castle Enterprises, LLC in the amount of $252,189.69 (base bid). UCP Fiscal Year 26, 29 & 30 (2013, 2016 & 2017) Alamo – Water/Sewer Improvement funds will be utilized.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously
 
G.
AI-63417
“Subject to: HB 1295 Compliance.” Requesting authority to purchase fire station equipment through the County's Membership/Participation with BuyBoard's awarded vendor, Dooley Tackaberry (contract # 524-17), in the amount of $21,396.00 from FY 30 (2017) Mercedes Fire Stations/Equipment.

Commissioner Fuentes joined the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
11.
 
Health & Human Services Department:
 
A.
AI-63418
Health Department - CPS/Hazards (1293):
Requesting approval to submit renewal grant application and budget for the CPS/HAZARDS program for FY 19 in the amount of $574,166.00.  The grant contract will be in effect from July 1, 2018 to June 30, 2019.  This grant requires a ten percent local match.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI-63409
1.  Requesting approval to submit a request to Department of State Health Services for additional funds in the amount of $85,000.00 to fund the annual Hazards conference.  This funding request requires a ten percent local match.  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

2.  Requesting approval to receive a reimbursement of $2,500.00 for the application fee paid to the National Association of County and Health Officials to participate in the Project Public Health Ready cohort.  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 4 - 0 - Unanimously
 
C.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

No action taken on this item.
 
D.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

No action taken on this item.
 
12.
 
Adult Probation:
 
A.
AI-63477
Approval of Resolutions for the following 2019 Criminal Justice division (CJD) of the Governor's Office grants:
Domestic Violence Court Grant #3110403
DWI Court Grant #2413909
Veteran's Court Grant #2431508
Re-entry Court Grant #2800305
Misdemeanor DWI Court Grant #2881404
Mental Health Court Grant #3046903
Substance Abuse Treatment Facility - RSAT Grant #2928004

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 4 - 0 - Unanimously
 
B.
AI-63341
Acceptance of Statement of Financial Position for FY16 and FY17

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
C.
AI-63432
Adult Probation - DWI (1289):
September 2017
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $1,715.00.
2.  Approval of appropriation of the DWI program income (GPI) in the amount of $1,715.00.
October 2017
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $2,825.00.
2.  Approval of appropriation of the DWI program income (GPI) in the amount of $2,825.00.
November 2017
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $1,747.00.
2.  Approval of appropriation of the DWI program income (GPI) in the amount of $1,747.00.
December 2017
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $570.00.
2.  Approval of appropriation of the DWI program income (GPI) in the amount of $570.00.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 4 - 0 - Unanimously
 
13.
 
Elections Administration:
 
A.
AI-63338
Requesting authority to enter into a 3-year agreement with Cranel Versitec, a company that manages our HART Intercivic scanners and support. Upon approval by legal and the court we would enter a 3-year agreement paying $1,618.05 a year.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
14.
 
Head Start Program:
 
A.
AI-63308
Discussion/Approval of 2018 Self-Assessment Schedule

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

Court proceeded to Item.15.B.
 
15.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-63514
Proclamation in Support of Sergeant Alfredo "Freddy" Gonzalez on the 50th Anniversary of His Heroic Death

Precinct 4 Commissioner Palacios presented a proclamation in recognition of Sergeant Alfredo "Freddy" Gonzalez on the 50th Anniversary of his heroic death. Classmates of Sgt. Gonzalez along with his mother Dolia Gonzalez were present during the proclamation. The commissioner acknowledged the distinguished sacrifice by Sgt. Gonzalez in the Battle of Hue.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

Court proceeded back to Item.5.A.
 
B.
AI-63491
1. Authorization and approval to apply for the Recreational Trails Grant through Texas Parks & Wildlife.
2. Authorization for County Judge, as authorized official, to sign the application.

Commissioner Palacios explained that they are developing a stormwater detention facility combined with the bike trail to be utilize for 5,000 residents within 1 mile radius. This is a partnership but for now they are only seeking authorization to submit the application. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1 and 2.
                               
Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI-63493
Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification in the amount of $20.00 for a counterfeit bill received.

Pepe Caso asked the court for indemnification from the county for the $20.00 counterfeit bill they received. 


On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
 
16.
 
Budget & Management:
 
A.
AI-63519
TXDOT-Pct 4 FM2220 (1315):
Authority for the County Judge to sign TXDOT form ROW-A-10 Tabulation of Values for all parcels associated with the Pct 4 FM2220 (Ware Rd) Road Project CSJ#2094-01-038 until the completion of this project.

Commissioner Palacios explained that this is the segment between mile 3 and mile 5, the precinct partnered with the City of McAllen on the expansion but the precinct is handling the right-of-way acquisition of the additional parcels and dealing with drainage as well. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
 
B.
AI-63449
Title IV-E (1100)
Approval for County Judge to sign Title IV-E Signature Authority Designation Form 2031.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
17.
 
Purchasing Department - Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FORWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-63496
A. Requesting exemption from competitive bidding requirements, under Tx LGC Chapter 262.024 (a) (4), a personal service;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

B. Acceptance of the proposed scope of services and fee schedule from Sally Gavlik, dba, P/R & S, LLC with authority to enter into a personal services contract and subject to compliance with Form 1295 if and when applicable.

Correction: should be consulting contract and the correct name should be P, R & S, LLC 

Martha Salazar disclosed that this item is also subject to funding as it is also a concern. 


Commissioner Cantu stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.
                                        
Vote: 3 - 0 - Unanimously
 
2.
AI-63408
a.  Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024 (a) (4), a professional service;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
b.  Approval of letter of engagement with "The Espinosa Law Firm" for the provision of legal services to the Hidalgo County Civil Service Commission.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
3.
AI-63490
Acceptance and approval to add the following verbiage to the Pool of Professional Services Statements of Qualifications in connection to the grading and ranking protocol section:
A.  Pursuant to Tex. Govt. Code sec. 2254 [Professional Services Procurement Act] the services will be selected on the basis of qualifications and demonstrated competence] and as further detailed in attached documentation [as reviewed and approved by HC DA/Civil Section];
Note:  HC Purchasing issued an Extension of Acceptance Date due to an additional Addenda that will be sent to clarify the matter before CC from original acceptance date of Wed., January 24, 2018 for a two [2] weeks to Wed., Feb. 14, 2018.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B.  Acceptance and approval of Instructions/Evaluation Memorandum for distribution to evaluation committee members;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

Martha Salazar informed that the memo was reviewed by the DA's Office Civil Section. 

C.  Due to some calls for more time to submit SOQs [those firms requesting packets close to original submission deadline], requesting CC discussion and consideration to extend one [1] additional week or more if so desired to attract more participants and give ample time to submit properly.  Note:  The 2018 Pool becomes effective on March 16, 2018.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
B.
 
Health & Human Services:
 
1.
AI-63501
A.  Requesting exemption from competitive procurement requirement pursuant to Texas Local Government Code, 262.024 (7) & (A) an item that can only be obtained from one source;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B. Requesting approval of a "Sole Source Declaration" for QR Fit Trail, LLC for the purchase of Quick Response "QR" coded signs, which will provide fitness resources for Hidalgo County residents as way to promote a healthy and active lifestyle to expand the fight against the obesity epidemic with said declaration to in effect for all Hidalgo County Wide departments unless otherwise revoked by commissioners court.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
C.
 
Pct. 2
 
1.
AI-63455
Acceptance and approval to execute the final form of a Professional Surveying Agreement with Quintanilla Headley and Associates for "Road and Bridge, C.I.P., and Other Projects in General (On An As Needed Basis) for Pct 2, [approved for negotiations on CC 01/16/18].

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
2.
AI-63456
Requesting approval of a professional appraisal services agreement with Professional Appraisal Service Inc., for the purposes of appraisal services for: Fair Market Value Appraisals in connection with the Acquisition of Land-Sale and/or Exchange, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 2 (on an as needed basis & as selected for negotiations by CC on 1/16/18].

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
D.
 
Pct. 4
 
1.
AI-63412
A.  Requesting approval of "Amendment No. 2" to the AIA B101-2007 Standard Form of Agreement (C-17-184-06-27) with Nassari-Warren Group Architects, Inc. for Project: “The Design and Construction of Memorial Park Phase I" (located at 107 Highway and Sunflower Road, Edinburg, Texas)in Precinct No. 4, to modify/add various section/articles to the AIA in order for project to proceed with a CMAR process, (refer to attached amendment herein).

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously 

B.  Discussion, consideration, and action to establish the number of an Evaluation Committee, pursuant to Tx.LGC, Ch. 2269.253, [names will be announced/offered by Comm. Joseph Palacios] of the "Committee" that will score/grade/evaluate the participants for the Step 1 and 2 of the RFQ/P process/selection/engagement of a -"Construction Management At Risk (CMAR) for Construction of Memorial Park Phase I" in Hidalgo County Precinct 4, RFQ/P #2018-023-02-07-LHS;

Committee: Martha Salazar, Valde Guerra and Pepe Caso. 

Salazar noted they'll obtain another member from the purchasing department and budget. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
E.
 
Colonia Access Program Pct. 3
 
1.
AI-63461
BCAP/PCT.3
Requesting acceptance and approval of Work Authorization No. 3 in connection with Contract# C-CAP-12-168-07-03 with a proposed fee of $4,411.25 with L&G Engineering, LLC.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
F.
 
County Clerk
 
1.
AI-63480
a. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software in connection with On-line Research Services for Hidalgo County;

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously 

b. Requesting approval of agreement(s) if applicable for "On-line Research Services" with Lexis Nexis including but not limited to the following, Hidalgo County - County Clerk.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
18.
 
Open Forum
  • Fern McClaugherty questioned the wording "quick response" from Item.17.B.1.b.
Martha Salazar explained to McClaugherty that this is an application that will help get activity data which will be utilized by the health department in the fight against obesity. Salazar emphasized that "quick response" is the name of the program, which only provides data.

McClaugherty stated that she received calls complaining that court has not be showing on television nor on social media.
  • Marisol Resendez Executive Director of El Milagro Clinic and on behalf of the Rio Grande Valley Equal Voice Health Working Group and Nuestra Clinica Del Valle, Hope Family Center and El Milagro Clinic thanked the court for all the support and contribution.
 
19.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or potential litigation

No action taken on this item.
 
C.
AI-63457
Claim of Victor Murillo

No action taken on this item.
 
D.
AI-63459
Claim of Gerardo Morales

No action taken on this item.
 
E.
AI-63482
Claim of Erasmo and Marta Elia Garcia

No action taken on this item.
 
F.
AI-63520
Kleen Products LLC, et al v International Paper Company, et al c/o A.B. Data, Ltd.

No action taken on this item.
 
20.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

No action taken on Item.20.A. and B.
 
21.
 
Open Session:

Commissioner Palacios did not returned from closed session and Commissioner Cantu joined the meeting.
 
A.
 
Real Estate Acquisition and appropriation for same

No action taken on this item.
 
B.
 
Pending and/or potential litigation

No action taken on this item.
 
C.
AI-63458
Claim of Victor Murillo

Valde Guerra requested for settlement authority to make an offer in the amount of $900.00

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
D.
AI-63460
Claim of Gerardo Morales

Valde Guerra requested for settlement authority to make an offer in the amount of $6,882.57

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
E.
AI-63483
Claim of Erasmo and Marta Elia Garcia

Proceed as Directed.
 
F.
AI-63521
Kleen Products LLC, et al v International Paper Company, et al c/o A.B. Data, Ltd.

Valde Guerra requested authority to sign the claim of release related to the settlement in this case. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
22.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
23.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
24.
 
Adjourn

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 30th day of January, 2018

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 30, 2018.

Signed this 30th day of JANUARY 2018




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Norma G. Cantu, Deputy